Temmerman, Cilley & Kohlmann, LLP - Estate Planning

San Jose Estate Law Blog

What are the legal grounds for challenging a will?

Challenging the validity of a will is not an action to take lightly. The process will likely be emotional, expensive and difficult to win. However, challenging the validity of a will can be the most appropriate action in certain circumstances, and can result in part or all of a will being invalidated.

Fraud, forgery and undue influence

What to Watch Out for If There's a Sudden Death in Your Family


Did you know that Anthony Bourdain's will revealed that the celebrity chef and author had an estate of only $1.21 million? Estimates of the TV star's worth had been around $16 million, which made the revelations from his will even more startling. This is an example of how sudden death can uncover some very big surprises when it comes to an estate.

Why Do Attorneys Ask You to Explain Your Estate Plans?


You shouldn't procrastinate when it comes to planning your estate. However, the process can seem long and protracted when you get into your estate lawyer's office and face a bevy of questions. Sometimes, it can even feel like these questions are doing nothing more than keeping you from writing your will, but this interrogation has a purpose. And if you try to skip this process, your beneficiaries could be the ones to pay the price.

Can Creditors Make Claims on Your Estate?


When it comes to leaving behind a legacy for your family and friends, estate planning is often the most powerful way to ensure your wishes are followed. But that plan has to be robust, and it has to account for every part of your financial life. Otherwise, creditors can make claims on your estate, and potentially keep your beneficiaries from receiving what was bequeathed to them.

Nobody Has Died, So Why Is This Estate Issue Going to Court?


When it comes to planning your estate, preparation is always advised over procrastination. However, one California media mogul may be taking preparation to a whole new level His estate issue could be heading to court long before he actually passes away.

Seven Ways to Make a Strong Estate Plan


Did you know that when your estate goes into probate it automatically loses value? Depending on the estate, that loss can be an estimated five percent. Your estate can also wind up tied up probate courts for years depending on your family circumstances and the strength of your planning. So, how do you make a strong estate plan that can keep these events from happening?

How Is a Conservatorship Created?


Most courts will assume that a grown adult has the ability to make one's own financial decisions. However, if an adult becomes incapacitated, a court can direct the appointment of a conservator. A conservatorship refers to a court decision where a person or an organization known as the conservator is elected to watch over the financial affairs of a person. It is important in these situations to know when the court creates a conservatorship and under what circumstances.

How Does the Trust Administration Process Work?


One benefit of having a trust is the fact that each trust can be unique and flexible to a person's needs at that time. Some trusts can hold a limited amount of property and must be terminated a short time after the grantor's death. Other trusts can hold millions of dollars worth of property and can provide assets to beneficiaries for many years. The amount of administering a trust requires can vary according to different factors, such as the type of trust, the number of beneficiaries, the amount of property in the trust, and much more.

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